Local advocates react to announcement of encampment appeal

Local advocates for homeless individuals are speaking out after the Region of Waterloo and the Province of Ontario announced it would be appealing the Superior Court ruling regarding 100 Victoria St.

The homeless encampment has been a thorn in the side of the region’s plans to develop a new Kitchener Central Transit Hub. The municipality says it requires the land to stage construction equipment, but the courts have ruled twice that forcing the residents out would violate their Charter rights.

The province is backing the region.

Minister of Municipal Affairs and Housing, Rob Flack told 570 NewsRadio on Tuesday, “Bottom line is this: we can not let an encampment of 30 to 35 people, and I’ll come back and say we need to protect those people in the process, but we can not let an encampment delay major infrastructure investments across the Waterloo Region or, for that matter, across Ontario.”

Speaking to 570 NewsRadio, Ashley Schuitema, lawyer, Executive Director, Waterloo Region Community Legal Services, said the province should not point the finger at the encampment residents for the delays.

“It’s easy to say these people living in the encampments are the problem when the problem is failing at their end and not putting money into supportive housing, not putting money into projects that need to be done.”

Schuitema then raised an important question: “I’d be curious what this litigation will cost the province and the region, right? Like, all that money they’re spending on this litigation could be spent on housing.”

David Alton, Facilitator, Lived Expertise Engagement Program, was a guest on The Mike Farwell Show and is a proponent of the two potential options presented in Justice Michael Gibson’s 88-page decision: a safe tenting protocol or designated encampment sites.

They pointed to a nearby community that has taken an ambitious approach to addressing homelessness as an example of how similar programs could work here.

“You can look to the City of London. They had multiple sites throughout the city where they had hubs that had port-a-potties there. Where service providers would come every day with specific services. There’s a whole range of services you can bring, but the first and foremost thing is to have a place where people can exist legally.”

Schuitema pointed out that simply forcing the residents to relocate without enough shelter space available to accommodate them will only exacerbate the problem. It’s not the solution the region or the province thinks it is, she said.



“We’re still going to see people living in tents. We’re still going to see encampments popping up in places that maybe aren’t ideal. Maybe places where communities and neighbourhoods don’t want them. That’s why a safe tenting protocol is actually such a perfect policy tool because the government can allocate spaces.”

Alton echoed those sentiments, adding that everyone agrees safe tenting isn’t the solution but is better than infringing on people’s Charter rights.

“So, I think it’s important for people to understand that safe tenting zones are the option of last resort. This is not the be-all-end-all solution to homelessness, but it is the solution to support-lessness to people having their human rights debased to the point their right to life is threatened.”

The municipality has been consistent in its position throughout this process, saying, “The region will continue to provide support and outreach services for individuals experiencing homelessness at the site and assess next steps as the legal process moves forward.”

In its announcement on Tuesday, the region said it planned to file its appeal in the coming days.

The province has not indicated when it intends to file.

“Taking this case to the Ontario Court of Appeal not only uses valuable time and resources that could be better used elsewhere, but also further delays the work of finding meaningful solutions to homelessness locally,” an official statement from Waterloo Region Community Legal Services, reads. “This course of action does nothing to resolve this growing issue of homelessness in Waterloo Region. This course of action will also inevitably cause further delay to Metrolinx’s work on the Kitchener Central Transit Hub.”

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